Summary
Summary Commercial Dispute Resolution WS1 Reading Notes
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This document contains a thorough a colourful summary of commercial dispute resolution workshop 1: initial steps and case analysis.
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Commercial Dispute Resolution Ws2
Flashcards
10 Flashcards
$14.03
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Flashcards
10 Flashcards
$14.03
0 sales
Some examples from this set of practice questions
1.
What types of claims does the Chancery Division deal with?
Answer: Land law and trusts, intellectual property issues, insolvency and company law.
2.
What is an interim prohibitory injunction?
Answer: Interim prohibitory injunctions are sought in cases where an Applicant wishes to restrain a Respondent from undertaking a particular action pending the trial of the matter.
3.
Why are some interim prohibitory injunctions made without notice?
Answer: They can be made without notice where the case is so urgent that there is no time to give notice, or the claimant reasonably fears that if the defendant had advanced notice it would try and cause the claimant harm
4.
What is the process for making a with notice application for an interim prohibitory injunction?
Answer: issue the claim form and N244 application notice, with supporting evidence (witness statements) and the draft order at least 3 clear days before the hearing fo the application.
5.
why is a cross-undertaking in damages required when a claimant applies for an interim prohibitory injunction?
Answer: The claimant will usually be required to satisfy that they can pay damages to the court if and when asked. In the case that the defendant wins and the court finds that the interim injunction should not have been ordered, the claimant on order will have to pay damages to compensate any loss the defendant suffers as a result of the injunction.
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